JUDGMENT

In this appeal by special leave, the appellant has impugned the judgment and order of the High Court of Punjab & Haryana at Chandigarh dated February 07, 2005 in Criminal Appeal No. 51-SP/1998 whereby his conviction and sentence under Sections 376 and 506 IPC has been upheld. The appellant was sentenced to 7 years rigorous imprisonment and a fine of Rs. 2,000/- and in default of payment of fine to undergo rigorous imprisonment for 1 year under Section 376 IPC. He was also sentenced to undergo rigorous imprisonment for 2 years under Section 506 IPC. The Trial Court directed the sentences to run concurrently.

2. The appellant herein was a drawing teacher in a government school where the prosecutrix was studying in Class VIII. The case of the prosecution is that on the 6th March, 1987 when the prosecutrix had gone to the school for coaching in science practical, the appellant took her to a class room and raped her. Though the occurrence took place on the 6th March, 1987 the prosecutrix did not disclose this fact to any one. Later when she experienced some pain in her abdomen she was attended to by her mother who found that the prosecutrix was pregnant. On further inquiry the pr